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Author Archives: Deborah Elkins

Criminal – Sentencing – Uncharged Conduct – Standard Of Proof (access required)

The 4th Circuit upholds an enhanced, 240-month sentence for defendant’s convictions of interstate transport of a minor for sex, based on defendant’s 20-year history of molesting middle-school boys while defendant acted as a school teacher, coach, Sunday school teacher and ...

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Teen case reheard, has same resolution (access required)

Parents who host a teenage guest have a duty of care that can encompass overseeing the guest’s ride in another teen’s car, under a decision issued in July by the Supreme Court of Virginia. The high court did not back ...

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Domestic Relations – Spousal Support Increase – Husband’s Income – Unemployed Wife (access required)

A mere increase in husband’s income does not justify increasing wife’s spousal support beyond the standard of living during the marriage, but circumstances that include husband’s 70 percent increase income and wife’s continued inability to work due to her fibromyalgia ...

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Domestic Relations – Pendente Lite Support – Husband’s Income (access required)

A husband is ordered to make pendente lite payments to wife of $1,000 in monthly spousal support and $1,338 in monthly child support, plus $3,342.50 of wife’s attorney’s fees, including her cost of bringing this motion to compel. The most ...

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Negligence – Wrongful Death – Overhead Power Lines – Statutory Immunity (access required)

In this wrongful death suit, an Alexandria Circuit Court sustains defendant Dominion Virginia Power’s plea of statutory immunity pursuant to the Virginia Overhead High Voltage Line Safety Act, Va. Code § 59.1-406 et seq. Under the Act, DVP is not ...

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Domestic Relations – Divorce – Service Of Process – Waiver (access required)

A Roanoke County Court tells a defendant wife that she is not properly before the court even though the wife’s lawyer executed an “Acceptance of Service of Process and Waiver of Future Service of Process” in the case. Counsel for ...

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Domestic Relations – Custody – Mother’s Lunchroom Visits (access required)

A mother challenges on appeal a trial judge’s comment that parents “start visiting more” during school lunch times “when there’s litigation going on,” but the Court of Appeals will not look to “one isolated comment” to determine whether the trial ...

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